Hong Kong to Initiate Consultation Period for Implementation of Article 23

02/02/2024

Marios Putro

Human Rights Researcher

Global Human Rights Defence 

On Tuesday 30/01, Hong Kong released a statement about its intent to implement a consultation period for the introduction of Article 23 until February 28, 2024, indicating its willingness to repress civilians further and extend human rights violations.

The Article 23 of the Basic Law grants the Hong Kong government the legislation to implement a national security law that will criminalize offenses like “treason”, “insurrection”, the “theft of state secrets”, “sabotage”, and “external interference”. The main objective of this legislation is to prohibit any political activities from any political organizations or bodies forming any potential links with foreign political organisations or political bodies that could threaten the Hong Kong political establishment and way of ruling (Amnesty International, 2024). A similar attempt to enact Article 23 was also attempted in 2003. Still, it did not succeed after massive protests of at least half a million participants made the legislation stall for the following twenty years (Lee et al., 2024). Hong Kong’s attempts to implement Article 23 can also be linked to the pro-democracy Umbrella Movement which first took place in 2014 and had its largest participation in 2019 whose aftermath was an escalation in crackdown and repression. Numerous human rights groups and organisations have criticised the human rights state of the country ever since the protests emphasizing the deterioration of democracy in Hong Kong (Davidson, 2024). 

Hong Kong Chief Executive John Lee referred to the increasingly complex geopolitical situation and emphasised the need for stability, saying “This is a law that tells people not to attack us, this is in a way a defensive law. Foreign agents and advocates of Hong Kong independence are still lurking in the city… badmouthing, political attacks will continue, that’s exactly why I want the government to be up in full gear to explain what we are doing here loud and clear.” He referred to the 2019 protests as a “Hong Kong version of a colour revolution”, proving the need to protect national security. In addition, he stated that many countries have laws related to safeguarding national security, referencing UK and US intelligence agencies including the US Central Intelligence Agency (CIA) (Khoo, 2024).

The National Security Law itself has been widely criticized, including by the UN Human Rights Committee which urged the authorities to refrain from its use and recommended its repeal. Similar suggestions were made by the UN Committees on the Elimination of Discrimination Against Women and Economic, Social, and Cultural Rights. 18 Member States voiced concerns about human rights in Hong Kong during the Universal Periodic Review last week; many highlighted the National Security Law. Hong Kong should repeal the National Security Law rather than make it stronger to adhere to its international human rights obligations. (Khoo, 2024).

Sources:

Amnesty International. (2024, February 2). Hong Kong: Article 23 legislation a ‘dangerous’ moment for human rights. https://www.amnesty.org/en/latest/news/2024/01/hong-kong-article-23-legislation-a-dangerous-moment-for-human-rights/

Davidson, H. (2024, January 30). Hong Kong’s article 23: what is the new national security law and what will it mean for human rights? The Guardian. Retrieved February 7, 2024, from https://www.theguardian.com/world/2024/jan/30/hong-kong-article-23-new-national-security-laws-explained-what-do-they-mean

Khoo, M. (2024, January 31). Hong Kong Watch condemns launch of consultation for Article 23 legislation — Hong Kong Watch. Hong Kong Watch. https://www.hongkongwatch.org/all-posts/2024/1/30/hong-kong-watch-condemns-launch-of-consultation-for-article-23-legislation

Lee, G., Yam, A., Zifei, C., & Loi, A. (2024, January 31). Hong Kong introduces security law targeting “foreign forces” in city. Radio Free Asia. Retrieved February 2, 2024, from https://www.rfa.org/english/news/china/hongkong-article23-01302024194009.html